Electricity Transmission Regulations 1996

The following provisions of these regulations are essential terms and conditions for the purposes of clause 2(4) of Schedule 5 of the Act (as continued in effect by the Electricity Transmission and Distribution Systems (Repeal and Related Provisions) Regulations 2007) —

[Regulation 46 amended: Gazette 26 Jun 2007 p. 3024.]

47. Representations and warranties

The user, by entering into an access agreement, represents and warrants to the corporation that —

it has duly complied, and will up to the termination of the access agreement continuously comply, with all environmental and safety laws with respect to any of its obligations connected with, arising out of or in relation to the Act, these regulations or the access agreement;

it will, as at the date electricity is first transferred through the relevant connection under the access agreement, have in full force and effect all necessary authorisations, licences, permits, consents, certificates, authorities and approvals necessary under all law to enable it to observe its obligations under the Act, these regulations and the access agreement, and to allow those obligations to be enforced;

it will, as at the date electricity is first transferred through the relevant connection under the access agreement, have in full force and effect all necessary leases, licences or easements to construct, operate and maintain any connection and other facilities for which it is responsible under these regulations or an access agreement;

its obligations under the access agreement are valid and binding and are enforceable against it in accordance with their terms;

the access agreement and any other transaction under it does not contravene the user’s constituent documents or any law or any of its obligations or undertakings by which it or any of its assets are bound or cause to be exceeded any limitation on its or its directors’ powers;

its obligations to make payments under the access agreement rank at least equally with all unsecured and unsubordinated indebtedness of the user except debts mandatorily preferred by law;

neither the user nor any of its related bodies corporate is in default under a law affecting any of them or their respective assets, or any obligation or undertaking by which it or any of its assets are bound;

there is no pending or threatening action or proceeding affecting the user or any of its related bodies corporate or any of their respective assets before a court, the governmental agency, commission, arbitrator or other tribunal which will, or might reasonably be expected to, materially affect its ability to perform its obligations under the access agreement;

neither the user nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment attachment in aid of execution, execution or otherwise); and

the user is not an agent or trustee (except if and to the extent that it is disclosed as such in its application under Part 2) in relation to the access agreement or the electricity transferred under the access agreement.

These representations and warranties are by force of this regulation to be taken to be made on each day on which —

electricity is transferred to or from the connection; or

any amount payable by the user to the corporation under an access agreement is or may be outstanding.

[Regulation 47 amended: Gazette 31 Mar 2006 p. 1339-40.]

48. Payment arrangements

A corporation may invoice a user in respect of the charges payable in respect of access services, and a user must pay those charges, in accordance with the procedures set out in the access agreement between the corporation and the user.

A user may invoice a corporation in respect of the charges payable under these regulations, and the corporation must pay those charges, in accordance with the procedures set out in the access agreement between the user and the corporation.

An access agreement may provide for the payment by a user of interest in respect of overdue amounts.

A user must pay the charges payable in respect of access services under an access agreement from the commencement date for the provision of access services specified in the access agreement, regardless of whether or not access services are used on and from that date, except if the failure to provide such access services is due to the default of a corporation.

[Regulation 48 amended: Gazette 31 Mar 2006 p. 1338-40.]

Part 9 — Committed capacity and transitional provisions

49. Regional Power Corporation’s existing capacity

The Regional Power Corporation must on or before 1 May 2006 publish a description of the electricity transmission capacity utilised by that corporation, in its role as a retailer of electricity, as at 1 April 2006 and that electricity transmission capacity is to be taken to be committed to that corporation.

[Regulation 49 inserted: Gazette 31 Mar 2006 p. 1336‑7.]

49A. Contract maximum demand for existing connections

The contract maximum demand in respect of an existing connection as at 1 April 2006 is the figure published in respect of the connection by a corporation on or before 1 May 2006.

[Regulation 49A inserted: Gazette 31 Mar 2006 p. 1337.]

50. Existing agreements

The terms and conditions on which a corporation provides access to electricity transmission capacity, the subject of an agreement listed below, are set out in that agreement —

Interim Access Agreement with Normandy Power Pty Ltd dated 2 October 1996 (and due to expire on 1 July 1997);

Interconnection Deed with WMC Resources Ltd dated December 1996 (and due to expire on 10 October 1999);

Access and Standby Agreement with Pilbara Energy Pty Ltd dated 19 June 1996;

Agreement for the Supply of Electricity with Alcoa of Australia Ltd dated 7 September 1990 (and due to expire after one year’s notice which can be given after 29 September 2001);

Agreement for the supply of electricity with Worsley Alumina Pty Ltd dated 19 September 1994 (and due to expire on 10 July 1998 unless terminated earlier by Worsley Alumina, or an extension is agreed between both parties); and

Agreement for the Supply of Electricity with Hamersley Iron Pty Ltd dated 26 June 1991 (and due to expire on 31 October 1998).

Nothing in these regulations affects the rights of any party under an agreement listed in subregulation (1).

[Regulation 50 amended: Gazette 31 Mar 2006 p. 1338‑9.]

Schedule 1 — Access application flow chart

[r. 7]

R E S P O N S I B I L I T Y

APPLICANT CORPORATION

Note for this Schedule:

The process shown in this flow chart is in simplified form, is for illustrative purposes only and otherwise has no force or effect. The process and times for performing activities are subject to conditions and variations set out in Part 2.

[Schedule 1 amended: Gazette 31 Mar 2006 p. 1337.]

Schedule 2 — Access information

[r. 8(4) & (6)]

Part A — Information to be included in an access application

An access application must contain the following information:

the name and address of the person making the access application and of any other persons for whom that person is acting in making the access application;

the type of access services requested, when those access services are required and for how long they will be required;

the connection points in respect of which access is being applied for and the capacity (expressed in MW) for each of those connection points which access is being applied for;

the type of plant in respect of which the access services are required and the configuration of that plant;

where the connection points are to be on the electricity transmission network and any alternative points (in order of preference);

the expected maximum demand of the plant connected or to be connected at each of the connection points;

the maximum generation capacity and the proposed declared sent out capacity of the generating units (including embedded generating units) connected or to be connected at each of the connection points;

the expected electricity production and consumption of the plant connected or to be connected at each of the connection points;

when the applicant expects the plant to be connected at each of the connection points to be in service (if appropriate);

details of the controllers of the plant connected or to be connected at each of the connection points;

the proposed design of each of the connections (if appropriate);

the arrangements which the applicant proposes to enter into in relation to the construction and supply of the connection in respect of the plant;

the nature of any disturbing load (size of disturbing component MW/MVAr, duty cycle, nature of power electronic plant which may produce harmonic distortion);

any information as required by the Technical Code;

commercial information concerning the applicant to allow the corporation to make an assessment of the ability of the applicant to meet its obligations under any access agreement that results from the access application; and

any other information reasonably required by the corporation.

[Part A amended: Gazette 24 Jun 2005 p. 2754; 31 Mar 2006 p. 1337.]

Part B — Information to be included in a response

A response must contain the following information:

whether it is likely that there is sufficient spare capacity to provide the access services requested in the access application or whether the electricity transmission network will have to be augmented to provide those services;

whether it is likely that any connection will have to be installed or upgraded to provide the connection services (if any) requested in the access application; and

if the corporation believes that the electricity transmission network will have to be augmented to provide the access services requested or a new connection will have to be installed or an existing connection augmented to provide the connection services (if any) requested, then whether or not a capital contribution will be required of the user under regulation 12 and, if so, an indication of the likely amount of that capital contribution.

[Part B amended: Gazette 31 Mar 2006 p. 1337.]

Schedule 3 — Terms of an access offer

[r. 11(3)]

In addition to any matters outlined elsewhere in the regulations, an access offer may include terms and conditions of the following kind:

details of each connection point;

the contract maximum demand (if any) in respect of each connection;

if more than one person is selling or purchasing the electricity transferred at the connection, then the mechanism for determining how much of the electricity transferred at that connection is sold or purchased by each of those persons;

a requirement that the user complies with the provisions of these regulations and the Technical Code;

any metering arrangements and, if appropriate, a methodology to adjusting losses where the point of metering is significantly different to the connection point;

the payment conditions;

if the relevant connection is a new connection, then the date on which payments in respect of the access services are to commence (whether or not the connection is actually commissioned by that date);

the duration and termination conditions of the proposed access agreement;

terms and conditions in relation to the carrying out of works to establish a connection;

testing and commissioning requirements;

agreed protocols for maintenance coordination;

provision, installation, operation and maintenance of automatic load shedding facilities;

circumstances under which the terms of the resulting access agreement would require renegotiation.

[Schedule 3 amended: Gazette 24 Jun 2005 p. 2754.]

[Schedule 4 deleted: Gazette 29 Oct 2002 p. 5344.]